In the circumstances contemplated in section 136(1), any party to the dispute may apply to the director to appoint a senior commissioner to attempt to resolve the dispute through arbitration.
When considering whether the dispute should be referred to a senior commissioner, the director must hear the party making the application, any other party to the dispute and the commissioner who conciliated the dispute.
The director may appoint a senior commissioner to resolve the dispute through arbitration, after having considered-
the nature of the questions of law raised by the dispute;
the complexity of the dispute;
whether there are conflicting arbitration awards that are relevant to the dispute; and
The director must notify the parties to the dispute of the decision and-
if the application has been granted, appoint a senior commissioner to arbitrate the dispute; or
The director's decision is final and binding.
No person may apply to any court of law to review the director's decision until the dispute has been arbitrated.